Department for Business, Energy and Industrial Strategy

Business: Billing

lord berkeley: To ask Her Majesty's Government which companies have been suspended or removed from the Prompt Payment Code; and what action has been taken (1) to prevent those companies from bidding for Government contracts, and (2) to ensure that those companies improve their performance on Government contracts already in place.

lord henley: The Chartered Institute of Credit Management operate the Prompt Payment Code., The Code’s Compliance Board suspended the following companies from the Prompt Payment Code: The following companies were suspended from the Prompt Payment Code:Atos IT Services UK Services LimitedBalfour Beatty PlcBritish Sugar UKCostain LimitedEngie Services Limited GroupInterserve ConstructionKellogg Brown & Root LimitedLaing O’RourkePersimmon Homes LimitedRolls-Royce PlcSSEVodafone Limited The following companies were removed from the Prompt Payment Code: BHP Billiton PlcDHL Services LimitedGKN Automotive LimitedJohn Sisk & Son LimitedR. Twining and Company Limited It is important to all suppliers, not least small businesses, that they are paid on time.

Whirlpool Corporation: Tumble Dryers

baroness neville-rolfe: To ask Her Majesty's Government what assessment they have made of reports that Whirlpool tumble dryers are still a fire risk, after the company reported that the fault has been fixed.

lord henley: The Government’s priority is to keep consumers safe. The review by the Office for Product Safety and Standards (OPSS) published on 4th April found that there is a low risk of harm or injury from lint fires in modified Whirlpool tumble dryers. The evidence indicates that the modification reduces the risk of fire. OPSS has published specific requirements for Whirlpool to act on and issued a Decision Letter requiring that Whirlpool take further actions, including improving its management of risk and setting up a more rigorous system of quality assurance to ensure modifications are correctly installed and remain effective over time. OPSS will hold Whirlpool to account in regard to these requirements as part of the company’s obligations with regard to the safety of products.

British Steel: Loans

lord myners: To ask Her Majesty's Government whether they will publish the terms of their commercial loan to British Steel; and what consideration they have given to financing other companies in a similar position.

lord henley: The terms of the commercial agreement between the Government and British Steel are set out in letters from the Permanent Secretary to the Department for Business, Energy and Industrial Strategy to the Chair of the Public Accounts Committee and the Comptroller & Auditor General, copies of which have been placed in the Libraries of both Houses. The Government has been in regular communication with all EU ETS participants since November 2017 to notify of the risks associated with a no deal scenario. All UK installations met their 2018 obligations in full before the compliance deadline on the 30th April.

Manufacturing Industries: Employment

lord taylor of warwick: To ask Her Majesty's Government what assessment they have made of the impact of Brexit uncertainty on job cuts in the UK manufacturing sector.

lord henley: The Government has not made an assessment of the impact of Brexit uncertainty on job cuts in the UK manufacturing sector. It is clear that the lack of a clear future trading arrangement with the European Union is causing difficulties for companies planning future volumes and production schedules. The Government is determined to give clarity with a deal on the nature of that future trading arrangement agreed as soon as possible.The Government recognises that the manufacturing sector remains a vital contributor to the economy of the UK, driving innovation, exports, job creation, and productivity growth and we are committed to supporting the sector as the UK exits Europe. Through our modern Industrial Strategy and Made Smarter – our key national industrial digitalisation programme – we are building an economy fit for the future. As the 9th largest global manufacturing economy, we are – and will continue to be – a major manufacturing nation.

Department for Education

Academies: Governing Bodies

lord storey: To ask Her Majesty's Government whether schools in multi-academy trusts are required to have governing bodies.

lord agnew of oulton: An academy trust is run by an overarching board of trustees which is accountable and responsible for the school, or for the group of schools, in a multi-academy trust (MAT). In a MAT, the board may choose to establish local governing bodies to oversee individual schools or clusters of schools. The trust board decides which governance functions to delegate to local governing bodies but remains accountable for all decisions made. Although many MATs choose to have local governing bodies, they are not required to, meaning that trust boards are free to establish local governing bodies, and to delegate functions, based on their local needs and circumstances. All academy trusts must either have at least 2 parents on their boards of trustees or, alternatively, on each established local governing body. This is to ensure that parents play an active role in the governance structures of MATs.

Out-of-school Education

lord storey: To ask Her Majesty's Government what advice, if any, they give to local authorities about funding and placing students in unregistered schools; and whether it is illegal for local authorities to fund such schools.

lord agnew of oulton: Local authorities have a duty to provide suitable educational provision for children of compulsory school age who may otherwise not be able to receive such education. As commissioners, local authorities will determine the most appropriate provision for a child and this includes funding the provision.The department provides statutory guidance to local authorities, which makes it clear that the provision should meet the needs of the child, must be registered where appropriate, and should be delivered by high quality staff with suitable safeguarding checks in place. This alternative provision guidance is attached.Where a setting meets the threshold for registration as an independent school, but is not registered, then it is operating illegally. The most recent figures show that Ofsted has made sure 63 of these schools have stopped operating illegally between January 2016 and December 2018. Ofsted has powers to inspect without notice if it has reasonable cause to believe that an unregistered independent school is being conducted.Local authorities should not commission places at schools that are required to be registered, but are not registered.



HL15367_PDF
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Schools: Cost Effectiveness

lord storey: To ask Her Majesty's Government, further to the Written Answer by Lord Agnew of Oulton on 15 April (HL15015), how School Resource Management Advisors are appointed; and what are the terms of their employment.

lord agnew of oulton: All School Resource Management Advisers (SRMAs) go through an accreditation process, delivered by the Institute of School Business Leadership. This accreditation process was developed in partnership with the department. This process requires all potential SRMAs to demonstrate a detailed understanding of integrated curriculum and financial planning and to demonstrate the expertise and confidence required to advise trusts on good resource management.Each SRMA is contracted to one of 9 supplier organisations. These supplier organisations are responsible for the day-to-day management of SRMAs, and as individual employers, the terms of their employment.A list of the supplier organisations is available attached and at: https://www.gov.uk/government/news/esfa-extends-schools-resource-management-adviser-pilot.



HL15370_PDF
(PDF Document, 166.55 KB)

Alternative Education: Pupil Premium

lord storey: To ask Her Majesty's Government what assessment they have made of the use of the pupil premium when a pupil is placed in alternative provision.

lord agnew of oulton: As is the case for headteachers in mainstream schools, headteachers in alternative provision settings are free to spend the pupil premium grant in any way they wish to benefit their pupils. They are required to publish on their website details about the use and impact of the funding. The Department for Education has made no assessment of pupil premium use for pupils placed in alternative provision. Disadvantaged pupil progress and achievement are assessed by Ofsted when an alternative provision setting is inspected, and disadvantaged pupil outcomes are published in performance tables.Our statutory guidance makes it clear that alternative provision should be good quality which appropriately meets the needs of pupils. This guidance is attached. Responsibility for the alternative provision used rests with the commissioner, who should assure themselves that the setting is registered where appropriate and provision is delivered by high quality staff. 



HL15414_PDF
(PDF Document, 408.08 KB)

Pupil Exclusions

lord storey: To ask Her Majesty's Government who is legally responsible for a pupil's education when they are off-rolled.

lord agnew of oulton: Section 7 of the Education Act 1996 states that it is the duty of parents to secure education of children of compulsory school age. The child must receive an efficient full-time education suitable to his age, ability, aptitude and any special needs he may have, by regular attendance at school or otherwise.Local authorities have no statutory duties in relation to monitoring the quality of home education on a routine basis. Under section 437(1) of the Act local authorities must intervene if it appears that parents are not providing a suitable education. If a local authority is not satisfied that the education being provided is suitable, they should serve a school attendance order. If the parent requests the local authority to revoke the order because the parent believes they have arranged education that would be suitable, and the authority refuses, the parent has a right under section 442 to ask the Secretary of State for Education to decide the issue.The law is clear that a pupil’s name can only be deleted from the admission register on the grounds prescribed in regulation 8 of the Education (Pupil Registration) (England) Regulations 2006, as amended.Pupils leave school rolls for many reasons including permanent exclusion, moving to another school, or changes of circumstances (as when a pupil moves to a new area). All schools must notify the local authority when a pupil’s name is to be deleted from the admission register.Statutory guidance on exclusions is also clear that ‘informal’ or ‘unofficial’ exclusions are unlawful, regardless of whether they occur with the agreement of parents or carers. Any exclusion of a pupil, even for short periods of time, must be formally recorded.Local authorities have a duty to make arrangements to establish the identities of children of compulsory school age in their area who are not registered pupils at a school and are not receiving suitable education otherwise.

Personal, Social, Health and Economic Education

lord hylton: To ask Her Majesty's Government whether the statutory guidance on relationships education, relationships and sex educationand health education and Ofsted guidelines on spiritual, moral and cultural development will emphasise the contributions of pupils and staff to high-quality education.

lord agnew of oulton: The draft guidance is clear that teaching for these subjects should be in line with pupil need, informed by pupil voice and participation in curriculum development, and should be in response to issues as they arise in the school and wider community. Schools should make sure that staff are equipped to deliver these subjects to a high standard, ensuring that the subjects are well led, effectively managed and planned. Staff have a vital contribution in ensuring these subjects are sensitive to the needs of pupils, for example by having regard to a pupil’s religious background or special educational need and also in ensuring they are embedded as part of a whole school approach.Ofsted inspectors are required to consider pupils’ spiritual, moral, social and cultural development (SMSC) as part of section 5 school inspections. Ofsted’s school inspection handbook, attached, sets out the specific aspects considered under SMSC. It covers a broad range of matters including pupils’ reflectivity; moral and ethical issues; social interaction; participation in the community; and acceptance of and engagement with fundamental British values. Ofsted has recently consulted on new inspection arrangements, and will publish a revised handbook in due course. 



HL15430_PDF
(PDF Document, 1.2 MB)

Secondary Education: Playing Fields

lord storey: To ask Her Majesty's Government how many secondary schools in England and Wales do not have their own playing fields.

lord agnew of oulton: The information requested is not held centrally regarding secondary school playing fields in England.Education is a devolved matter; it is for the National Assembly to decide on policy for school playing fields in Wales.

Ministry of Justice

Personal Independence Payment: Yorkshire and the Humber

lord scriven: To ask Her Majesty's Government how many people in the Yorkshire Region have been waiting (1) up to six months, (2)sixto 12 months,(3) 12 to 24 months, and (4) over 24 months, for an appeal hearing on their Personal Independence Payment claims.

lord keen of elie: The data requested are not available centrally, and could only be provided at disproportionate cost. Latest figures for Personal Independence Payment (to December 2018) indicate that since it was introduced, 3.9 million decisions have been made. Of these 10% have been appealed and 5% have been overturned at Tribunals.

Prisons: Bahrain

lord scriven: To ask Her Majesty's Government whether Abdulsalam al-Arifi, the General Director of Bahrain's Jau Prison, has visited prisons in the UK recently; if so, which prisons he visited; and what was the purpose of each such visit.

lord keen of elie: In April 2019, a delegation of officials from Bahrain’s Ministry of Interior visited HMP Berwyn and HMP Whitemoor. This delegation included Brigadier Abdulsalam al-Arifi, the Director General of Reformation and Rehabilitation in Bahrain’s Ministry of Interior. The visit was arranged in support of Bahrain’s efforts to develop rehabilitation programmes.

Department for Work and Pensions

Universal Credit

baroness lister of burtersett: To ask Her Majesty's Government, further tothe Information Commissioner's Office's criticisms of Department for Work and Pensions'(DWP) policy on Universal Credit representative recognition, what plans they have to revise guidance to DWP staff and others so as to enable effective communications between Universal Credit claimants' advisers and that Department.

baroness buscombe: We have had a number of workshops with stakeholders during which consent has been discussed, and we plan to do further work. This will include working with claimants and their representatives to ensure the process works effectively for vulnerable claimants to access the service.

Social Security Benefits: Children

baroness lister of burtersett: To ask Her Majesty's Government, further to the reply by Baroness Buscombe on 24 April (HL Deb, col 596), what information about the impact of the two-child limit will be contained in the statisticsthey intend to publish on that policy; and, on the basis of their statistics that are currently available, what proportion of those affected by the two-child limit are in workless households.

baroness buscombe: The Department will be providing updated figures to those we published in June 2018. This will show the number of claimants affected by the policy to provide support for a maximum of two children as at April 2019. The full breakdown of the current statistics can be found here:https://www.gov.uk/government/statistics/child-tax-credit-and-universal-credit-claimants-statistics-related-to-the-policy-to-provide-support-for-a-maximum-of-2-children-april-2018 The proportion of households affected by the policy to provide support for a maximum of two children which are in and out of work can be found in table 3. Statistics relating to Universal Credit claimants cover those claimants in UC Full Service only. Claimants affected by the policy in UC Live Service areas are not included.

Department for Environment, Food and Rural Affairs

Birds: Pest Control

lord crathorne: To ask Her Majesty's Government what additional resource Natural England will require for the allocation of new licences for bird control.

lord gardiner of kimble: Natural England (NE) is working at pace to assess individual licences to allow lawful control of these bird species to continue. NE is ensuring that this urgent work is appropriately resourced whilst minimising impact on delivery of other services. Since the revocation of the licences by NE the Secretary of State has taken over ultimate decision making powers for general licences relating to the purposes covered by the three revoked general licences, recognising the scale of interest and concern that has been generated by the decision to revoke. The Secretary of State will consider the present situation with intensity and urgency.

Agriculture: Subsidies

lord marlesford: To ask Her Majesty's Government whether payments made under the Basic Payment Scheme of the Common Agricultural Policy in respect of harvest 2019 will be set in sterling or in euros.

lord gardiner of kimble: This year’s Basic Payment Scheme (BPS 2019) payments for England will continue to be calculated in euros and then converted into sterling unless a farmer has opted to receive a euro payment. The euro exchange rate used to make payments in sterling will be the average of the European Central Bank rates set over the month of September 2019. This exchange rate will be published on GOV.UK when it is announced.

Marine Management Organisation: Recruitment

lord taylor of warwick: To ask Her Majesty's Government whether they have plans to increase the number of marine enforcement officers in the UK fishing industry after Brexit.

lord gardiner of kimble: An increase in control and enforcement capability has taken place in preparation for the UK as a whole becoming an independent coastal state. Control and enforcement is a devolved matter, and devolved administrations are taking their own approach to control and enforcement at levels they feel appropriate for their waters. In England, the Marine Management Organisation (MMO) and Defra have enacted their plans to improve control and enforcement, enabling greater human and technological resources to be deployed now and when required in future. The MMO approach has included recruitment of additional marine enforcement officers. They are undergoing extensive training to become warranted in enforcement. Their responsibilities will include inspection of vessels and auction halls, surveillance, intelligence gathering, and educating and informing the fishing industry about potential changes to the law. They will focus on applying regulations to vessels, in port and at sea, from any flagged state that enters English waters.

Livestock: Disease Control

baroness kennedy of cradley: To ask Her Majesty's Government what contingency plans they have in place to address any outbreak of a notifiable disease on UK farms.

lord gardiner of kimble: The Defra contingency plan for exotic notifiable diseases of animals in England was presented to Parliament on 27 November 2018 and is available on GOV.UK. The plan is regularly tested through local and national exercises.

Home Office

Islamic State: British Nationals Abroad

lord alton of liverpool: To ask Her Majesty's Government, further to the remarks by the Home Secretary on 18 February (HC Deb, col 1198), what consideration they have given to updating the Treason Act 1945 to provide a tenable basis for the prosecution of British citizens who (1) participate in, (2) help to fund, and (3) organise, ISIS inspired atrocities overseas.

baroness williams of trafford: To prosecute terrorists for treason risks giving their actions a political status or glamour they do not deserve, rather than treating them merely as criminals. The UK has a comprehensive range of terrorism offences and other powers, which we consider the most appropriate means of dealing with foreign terrorist fighters. Additionally, the Government has just passed the Counter-Terrorism and Border Security Act, which updates terrorism offences and introduces new powers, to reflect the threat we face today from foreign terrorist fighters. This will provide the police and intelligence services with the powers they need to protect the public.

Visas: Commonwealth

lord beecham: To ask Her Majesty's Government how visa applications fees for Commonwealth veteransare calculated; and whyvisa application feeshave risen by 1,441per cent since 2003.

baroness williams of trafford: The fees for applications from Commonwealth citizens who have served in the armed forces are the same as applications from Commonwealth applicants who have not.When setting fees, the Home Office takes into account the cost of processing the application, the wider cost of running Border, Immigration and Citizenship (BIC) system and the benefits the Home Office believes are likely to accrue from a successful applicationApplication fees have increased in recent years as the Home Office aims to reduce the overall level of funding that comes from general taxation.

British Overseas Territories: British Nationality

baroness lister of burtersett: To ask Her Majesty's Government what progress is being made in the consultation process with the governments of British Overseas Territories concerning the provision of a retrospective registration route for British and British Overseas Territories citizenship for the children born abroad, out of wedlock, to fathers from British Overseas Territories before 1 July 2006.

baroness williams of trafford: We have engaged with the British Overseas Territories to seek their views on possible future changes on the matter. This matter is under consideration.

Home Office: Fees and Charges

baroness lister of burtersett: To ask Her Majesty's Government, further to their response to the report by the Independent Chief Inspector of Borders and Immigration An inspection of the policies and practices of the Home Office’s Borders, Immigration and Citizenship Systems relating to charging and fees June 2018–January 2019, published on 4 April,which specific areas they plan to consult on;whether they intendto publish a children’s best interests impact assessment when proposing fees levels and increases; and what is their response to the Chief Inspector’s recommendation that they include consideration of extending eligibility for fee waivers, including for all child Leave to Remain and nationality applications, in a full review of the fee waiver process.

baroness williams of trafford: As detailed within the official Home Office response, there are no plans to run a full public consultation. A consultation in specific areas may be useful and we will undertake to do this before we take decisions which would result in fundamental changes to the way the system is funded.There are no plans to produce a separate children’s best interest impact assessment at this point in time, but as we set out in the Home Office responses to the ICIBI report, we will consider publication of fee-related Policy Equality Statements on a case by case basis going forward.In respect of the Chief Inspector’s recommendation to consider extending eligibility for fee waivers, the Home Office response is as detailed within the published response. We have recently reviewed the fee waiver policy, invested in recruitment and continued process improvement and also engaged with Local Authorities on how we may identify and, where required, prioritise fee waiver applications from those who are most vulnerable. Current fee levels and policies remain under consideration.

Oluwole Ilesanmi

lord pearson of rannoch: To ask Her Majesty's Government, further to the answer byBaroness Williams of Trafford on 3 April (HL Deb, col 170), whether they are aware of the circumstances of the arrest of Pastor Olu; whether any action is being taken against the police who arrested him; if so, what; and what assessment they have made of the implications for free speech of his arrest.

baroness williams of trafford: The Government does not prevent individuals from following their religious beliefs or cultural traditions provided that they do so within the law. The diversity of modern Britain is one of our strengths and many British people of different faiths follow religious codes and practices.The right to freedom of expression is a vital part of a democratic society. It is a long-standing tradition in this country that people are free to share their views with others.Decisions on arrests are an operational matter for the police working within the provisions of the legal framework set by Parliament.Decisions on whether to investigate individual officers for a potential breach of the standards of professional behaviour are a matter for the force.

Police: Data Protection

lord scriven: To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 24 April (HL15195), what guidance they have provided to police forces in England following the concerns raised by the Information Commissioner’s Office about the introduction of technology allowing the police to gather data from mobile phones or laptops by overriding passwordspossibly being unlawful.

lord scriven: To ask Her Majesty's Government whether any police forces, other than Police Scotland, have used, or are planning to use "cyber kiosks" which can override passwords to access data.

baroness williams of trafford: The police are operationally independent of the Home Office and the use of their powers to investigate crime, including operational guidance, is a matter for them.Current guidance issued by the National Police Chiefs’ Council (NPCC) and the Crown Prosecution Service (CPS) stresses that decisions to access mobile phones have to be made on a case-by-case basis, balancing reasonable lines of inquiry with the right to privacy. Mobile phones of complainants and witnesses may only be accessed with their informed consent.The NPCC and the CPS will engage with stakeholders, including the In-formation Commissioner’s Office, on this issue.

Police: Data Protection

lord scriven: To ask Her Majesty's Government what assessment they have made of the legality of police forces using "cyber kiosks", such as those recently bought by Police Scotland and which can override passwords to access data.

baroness williams of trafford: Current legislation, principally provisions in the Police and Criminal Evidence Act 1984, allow data to be accessed from a mobile device when there are reasonable grounds to believe it contains evidence of an offence, but only then in adherence with data protection and human rights obligations.Current guidance issued by the National Police Chiefs’ Council and the Crown Prosecution Service stresses that decisions to access mobile phones have to be made on a case-by-case basis, balancing reasonable lines of inquiry with the right to privacy. Mobile phones of complainants and witnesses may only be accessed with their informed consent.

Department for International Trade

Imports: Israeli Settlements

baroness tonge: To ask Her Majesty's Government, further to the Written Answer by Baroness Fairhead on 16 April (HL15128), who decides which postcodes should be included in the list to be hosted on gov.uk; and whether those postcodes are checked for accuracy to ensure that products are labelled correctly.

viscount younger of leckie: In line with the Government’s approach of ensuring continuity as we leave the EU, the list of postcodes hosted on gov.uk will replicate – at the point at which the EU-Israel agreements cease to apply to the UK and, thus, the UK-Israel agreement is brought into force – the EU’s list of postcodes. This list is currently available on the EU Commission’s website: https://ec.europa.eu/taxation_customs/sites/taxation/files/technical_arrangement_postal_codes_2018_en.pdf. As referenced in my Written Answer on 16 April (HL15128), tariff preferences and labelling requirements will be implemented by UK customs authorities.



Technical Arrangement Postal Codes
(PDF Document, 264.77 KB)

Overseas Trade: USA

lord bowness: To ask Her Majesty's Government whether the UK trades with the United States of America solely on World Trade Organization terms; and if not, how many bilateral trade agreements are in place between the UK and the USA.

viscount younger of leckie: The UK is currently party to a number of trade related agreements that the EU has agreed with the United States. These cover issues such as mutual recognition for technical regulations in certain sectors. The UK has now completed work to transition these agreements, where relevant, to bilateral UK-US agreements – ready to come into effect once the UK leaves the EU. On 14 February, the UK and US signed the Mutual Recognition Agreement (MRA) on Conformity Assessment. Other agreements, including on wine, spirits and marine equipment have been signed between the UK and US to ensure continuity as the UK leaves the EU. These agreements do not cover the bulk of UK trade with the US (our single largest bilateral trading partner). This is why we intend to prioritise a UK/US free trade agreement once we have left the EU.